CITY OF CHANUTE, KAN. v. WILLIAMS NATURAL GAS CO.

Nos. 90-3273, 90-3313, and 90-3369.

955 F.2d 641 (1992)

CITY OF CHANUTE, KANSAS; City of Auburn, Kansas; City of Cleveland, Oklahoma; City of Garnett, Kansas; City of Humboldt, Kansas; City of Iola, Kansas; City of Neodesha, Kansas; City of Osage, Kansas, Plaintiffs-Appellants, v. WILLIAMS NATURAL GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 27, 1992.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr. (Don Charles Uthus, Peter A. Goldsmith, Timothy P. Ingram, Pace J. McConkie, and Allen D. Freemyer of Wheatley & Ranquist, Annapolis, Md., Larry D. Hendricks and Ronald Greg Wright of Stumbo, Stumbo, Hanson & Hendricks, Topeka, Kan., Robert Pennington of Henshall, Pennington & Brake, Chanute, Kan., with him on the briefs) of Wheatley & Ranquist, Annapolis, Md., for plaintiffs-appellants.

John T. Schmidt (Mary J. Rounds of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Okl., and C. Kevin Morrison of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Washington, D.C., Donald W. Bostwick and Teresa James of Adams, Jones, Robinson & Malone, Chartered, Wichita, Kan., Lewis A. Posekany, Gen. Counsel, Williams Natural Gas Co., Tulsa, Okl., Bobby E. Potts, Associate Gen. Counsel, and William J. Sears, Chief Regulatory Counsel, The Williams Companies, Inc., Tulsa, Okl., with him on the briefs) of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Okl., for defendant-appellee.

Before SEYMOUR, BARRETT and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

In this antitrust case, eight cities ("the Cities"), sued Williams Natural Gas Company ("Williams") asserting Sherman Antitrust Act ("Sherman Act") violations. Specifically, the Cities protest Williams' decision to terminate a temporary program whereby the Cities could purchase gas from third party suppliers which Williams would transport over its pipeline. The district court granted summary judgment in favor of Williams. We affirm.

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